Conroy

Cascadia Wildlands Project v. Conroy

Good Law
159 F. App'x 769
United States Court of Appeals for the Ninth CircuitDecember 16, 2005No. 05-35389; D.C. No. CV-04-06440-MRHCalifornia1,016 words

Opinion

Lead Opinion

MEMORANDUM *

Cascadia Wildlands Project, et al. (Plaintiffs), seek declaratory and injunctive relief against Defendants, Scott Conroy, Supervisor of the Rogue River-Siskiyou National Forest, et al., for alleged violations of the National Forest Management Act (NFMA), 16 U.S.C. §§ 1600-1614 , the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4370 (d), and the Administrative Procedure Act (APA), 5 U.S.C. §§ 551-706 . Plaintiffs challenge the Forest Service’s approval of the Biscuit Fire Recovery Project (“Project”) in the Rogue-Siskiyou National Forest in Oregon, and appeal the district court’s decision denying their request for a preliminary injunction. We have jurisdiction pursuant to 28 U.S.C. § 1292 , and we affirm.

*772 1) The district court did not err in holding that Plaintiffs had not demonstrated a probability of success on their claims that Defendants violated NEPA and NFMA by failing to conduct ground-based, site-specific .soil surveys. In addition to conducting aerial photography and using GIS maps, modeling tools, and monitoring reports, the Service conducted site-specific soil investigations on burned areas and also examined soil displacement and…

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